Trucker Gets Probation For Crash That Killed Macungie Woman In '86

An Ohio truck driver whose rig plowed into the back of a woman's car in 1986 was given five years of probation yesterday for the woman's death.

Richard A. Shepherd, 33, had pleaded no contest to a charge of homicide by vehicle and four summary offenses.

Shepherd was charged in the death of Julie Lynn Fisher of 1320 Walnut Lane, Macungie, whose car was sandwiched between Shepherd's rig and another tractor-trailer in the Oct. 13, 1986, accident on Route 22.

Fisher's family had filed a suit in federal court against the trucking company for whom Shepherd worked. The parties reached an out-of-court settlement for $1 million, according to state police Trooper Frank Gobla of the Bethlehem barracks.

Lehigh County Judge James Knoll Gardner said twice during the sentencing hearing that the sentence of probation had been agreed upon by Fisher's family, the district attorney's office, the police prosecutor and the probation department.

"I respect their judgments," he told Shepherd. "Based upon my review of your file and your record, it would appear that despite the seriousness of the consequences of your act, probation would be appropriate."

He added, "Probation is more than just a slap on the wrist."

Gardner told Shepherd that he would be jailed if he violated any provisions of probation.

The judge said Shepherd compensated the victim's family in the civil action.

"I don't mean to suggest that any amount of money can replace this victim . . . but nevertheless, a substantial sum was paid to compensate in the only way the law is able to compensate . . . in such circumstances," he said.

Gardner fined Shepherd $2,700 - $100 to be paid yesterday and the rest in installments of $10 a week over five years.

Shepherd was ordered to perform 200 hours of community service and was fined $155 for speeding, reckless driving and other summary offenses.

Shepherd's attorney, James B. Martin, said Shepherd has no prior criminal record and had a good driving record. Shepherd won't be driving a truck anymore, Martin said.

"I realize what her family is going through," said Shepherd, his voice quavering. "I feel terrible about it."

Assistant District Attorney Wallace Eldridge III said, "The family of the victim took a very understanding and charitable view toward the truck driver. The family felt a jail sentence wouldn't resurrect their daughter."

The victim's father was in the courtroom during the hearing.

"We did not accept a no contest plea because we felt our case was weak," Eldridge said. "We accepted it because of the victim's family, and we felt that the defendant, having had a trouble-free background and being an otherwise good family man, didn't deserve jail."

The accident occurred in the eastbound lanes of Route 22 between the 15th Street and 7th Street exits about 8 a.m.

Gobla said that traffic had slowed down and that a chain-reaction crash occurred involving two cars and three tractor-trailers.

An accident reconstruction expert estimated that Shepherd was traveling about 70 mph, according to the trooper.

Eldridge said that another trucker who had been following Shepherd said Shepherd was driving slower than that speed, but he couldn't say how fast Shepherd was going.

In one version of the accident, Shepherd said that before he hit Fisher's car, he turned his head to talk to his 4-year-old daughter who was leaving the sleeper cab, Eldridge said.

Gobla said Shepherd told him he didn't even see Fisher's car in front of him.

"He pushed her like a snow plow," the trooper said.

Shepherd's rig left 390 feet of skid marks, according to Gobla.

In his second version of the accident, Shepherd said Fisher's car pulled out in front of him when she went from the left lane to the right lane, Eldridge said.

Shepherd had only been driving a truck three months when the accident happened, Gobla said.